Selling an Inherited Vehicle in Florida
How to get title to an inherited car in Florida, whether probate is required, small estate affidavit shortcuts, and the sales tax exemption for inherited vehicles.
Small Estate Shortcut Available in Florida
Threshold: $75,000 net estate (summary administration); no formal threshold for DMV affidavit
Florida DHSMV accepts an Affidavit of Heirship for vehicle title transfer when the vehicle is the primary asset and the estate does not require formal probate. The affidavit must be notarized and include all heirs' signatures.
How to Transfer an Inherited Vehicle Title
- 1
Locate the title
Search the deceased's records, safe-deposit box, and glove compartment. If lost, apply for a duplicate title using the estate documents.
- 2
Determine the probate path
Florida allows summary administration (simplified probate) for estates under $75,000 (excluding homestead). For vehicles alone, an Affidavit of Heirs may be accepted by FLHSMV when the estate is clearly small.
- 3
Gather required documents
Death certificate (certified copy), will or letters testamentary (if probate), small estate affidavit (if under threshold), and any state-specific forms from the DMV.
- 4
Transfer title at DMV
Bring the signed title (signed by executor or heirs), death certificate, notarized Affidavit of Heirship (if no probate), and complete FLHSMV Form 82040. Submit at any tax collector or DHSMV office.
- 5
Sell with proper documentation
Once titled in your name (or the estate's name), complete a standard bill of sale documenting the sale price, odometer, and seller information.
Surviving Spouse Rule in Florida
Florida surviving spouses have the right to take title to jointly-held vehicles or community property vehicles through summary administration or a simplified spousal affidavit.
Sales Tax Exemption
✓ Inherited vehicles exempt from sales/use tax in Florida
Florida exempts vehicles transferred through a will or intestate succession from sales tax. The transfer must be clearly documented as an inheritance.
Florida Note
Florida's high volume of retirees creates a significant inherited vehicle market. DHSMV offices in high-retirement counties (Sarasota, Charlotte, Lee) process a higher volume of estate vehicle transfers and staff are generally familiar with the process.
Frequently Asked Questions
- Do I need to go through probate to transfer an inherited vehicle in Florida?
- Florida allows summary administration (simplified probate) for estates under $75,000 (excluding homestead). For vehicles alone, an Affidavit of Heirs may be accepted by FLHSMV when the estate is clearly small.
- What is the small estate threshold in Florida?
- Florida small estate threshold: $75,000 net estate (summary administration); no formal threshold for DMV affidavit. Florida DHSMV accepts an Affidavit of Heirship for vehicle title transfer when the vehicle is the primary asset and the estate does not require formal probate. The affidavit must be notarized and include all heirs' signatures.
- Is a surviving spouse exempt from probate for a vehicle in Florida?
- Florida surviving spouses have the right to take title to jointly-held vehicles or community property vehicles through summary administration or a simplified spousal affidavit.
- Is an inherited vehicle exempt from sales tax in Florida?
- Yes. Florida exempts vehicles transferred through a will or intestate succession from sales tax. The transfer must be clearly documented as an inheritance.
- How do I get a title for an inherited vehicle in Florida?
- Bring the signed title (signed by executor or heirs), death certificate, notarized Affidavit of Heirship (if no probate), and complete FLHSMV Form 82040. Submit at any tax collector or DHSMV office.
- What if the title is lost or the vehicle was never titled?
- If the title is missing, apply for a duplicate title through the DMV using the death certificate and estate documents to prove ownership standing. If the vehicle was never titled (very old or certain off-road vehicles), the estate documents and a bill of sale from the deceased's records may be sufficient — check with your state DMV for untitled vehicle transfer procedures.
Ready to Sell the Inherited Vehicle?
Once titled in your name, a bill of sale completes the transaction — documenting price, condition, and transfer for both parties.
Generate Florida Bill of Sale